533.220 - Distribution of water; enforcement of order or decision of State Engineer.
533.220 Distribution of water; enforcement of order or decision of State Engineer.
1. From and after the filing of the order of determination in the district court, the distribution of water by the State Engineer or by any of the State Engineer’s assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court. Such officers and each of them shall, at all times, be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to the decree of the court.
2. Upon the neglect or refusal of any claimant to the use of water as provided in this chapter to carry out or abide by an order or decision of the State Engineer acting as an officer of the court, the State Engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the order and decision should not be complied with.
3. The order to show cause shall be personally served on the claimant or claimants complained of, who shall appear and show cause on the day fixed in the court’s order so to do.
4. The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present his or her case.
5. Appeals from the judgment may be taken to the Supreme Court in like manner as appeals in other civil cases; but notice of appeal must be served and filed within 40 days from the entry of judgment.
[36 1/2:140:1913; added 1927, 337; A 1951, 132]